Hong Kong Ordinances

VILLAGE REPRESENTATIVE ELECTION ORDINANCE - SECT 21

Village by-election to be held to fill vacancy in office of village representative

(1) Subject to subsections (2) and (3), the Electoral Affairs  Commission
shall, in accordance with the EAC Regulations, arrange for a
village by-election for a Village to be held in the following circumstances
and not otherwise-

   (a)  on the making of a declaration under section 12 as to the existence of
        a vacancy in the office of village representative for the Village;

   (b)  on the making of a declaration under section 29(2) that an election
        for the Village has failed, or has failed to the extent mentioned in
        section 29(2)(b);

   (c)  on the making of a declaration under section 30(1) that the
        proceedings for an election for the Village have been terminated; and

   (d)  on the making of a declaration under section 30(3) that an election
        for the Village has failed, or has failed to the extent mentioned in
        section 30(3)(b).

(2) The Electoral Affairs Commission is not required, on the making of a
declaration that an election for a Village has failed as provided in
section 29(2)(a), to arrange for a village by-election for the Village to be
held if the election declared to have failed is a village by-election that was
held on the making of another declaration that an election for the Village has
failed as provided in section 29(2)(a).

(3) A village by-election to fill a vacancy in the office of 
village representative for a Village is not to be held within the 4 months
preceding the end of the current term of office of the Village  Representative
concerned.